Hustad v. Evetts

The following opinion was filed December 6, 1938:

Fowler, J.

The appellants assign as error among other grounds that if the defendant was negligent at all the negligence of the plaintiff as found by the jury was at least as great as the defendant’s. If this contention be upheld, it *296is unnecessary to consider any other assignments of error, as under the comparative-negligence statute, sec. 331.045, the plaintiff cannot recover.

That the plaintiff was negligent seems to us beyond controversy. It is not contended otherwise by plaintiff’s counsel. That negligence plainly was stepping out on the left…